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Unit 24 Writing for TV & Video
Session 4 Legal and Ethical Considerations
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What is Copyright?
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The exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. 1 Copyrighted material is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author 2
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Copyright Awareness as a Writer
Many writers and artists work under the misconception that they must fill out an official form, and write the letter ‘©’ in order to assert their claim for ownership of the copyright. All countries recognise that the artist owns copyright from the moment it is created. The difficulty arises in proving that ownership is a court of law. Copyright Awareness as a Writer
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Protecting your idea as a writer
You cannot protect an idea You must write as detailed an account of your idea as possible
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Ownership of the script
You own the copyright of your script or treatment the moment it is created The only way that you lose the copyright is by assigning the title of the screenplay to someone else The difficulty is in proving that you own the copyright Ownership of the script
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Creating the Birth Certificate
Screenwriters can apply to have their script registered upon completion, in a similar way that parents apply for a birth certificate for their newborns In the UK, the trade union BECTU and also Raindance provide the service free to its members Once registered, you can then promote and market you script to you hearts content knowing that you are able to prove the date of creation. The Script Vault is the only copyright registration service to be approved by the Writers' Guild of Great Britain. We’ve been established since 2002 and we offer the most competitive prices on the market.
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Proving Ownership Should you ever go to court in a copyright dispute with another writer, or with a producer who you suspect of using your script without permission, you need to prove that you are the one who registered the screenplay Screenplays are classed as intellectual property, and the laws governing the trading of intellectual property are similar to those governing real estate transaction Screenwriters need to prove chain of title; You have to keep a formal record of everyone you speak to about your screenplay
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Waiver letters basically state that whom ever you sent your screenplay to want you to cast aside your legal right to sue them for copyright infringement if they ever make a film resembling in any way your screenplay Waiver Letters
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Non-Disclosure Agreements
Pitching ideas blind to a film company can be considered a form of an open invitation to thieve your ideas A non-disclosure agreement is a binding contract where each party agrees not to discuss their ideas with anyone else unless certain pre-agreed conditions are met
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Acquiring Rights to a True-Life Story
In order to acquire the screenplay rights to a person’s true-life story, you need to approach the individual directly and secure their written permission to base a screenplay on their life There are certain laws governing the stories of criminals; If you are contacting a criminal, make sure you engage the service of an entertainment attorney who can offer expert advice
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Here is a sample letter you can use when contacting someone:
Letter: Person Company dd/mm/yy Re: [Title of your project(s) of sceenplay(s)] Dear Sir or Madam I write to inquire whether the theatrical and film rights to your story are available. I was able to get your contact details from {name of reporter of journalist]. Your powerful and unique story touched me greatly and feels deeply that your story should be shared with others. I would appreciate it if you could contact me at your earliest convenience at [telephone number]. Please feel free to reverse the charges. Yours sincerely, [Your name] Here is a sample letter you can use when contacting someone:
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What is it? And how is it relevant to script writers?
Censorship What is it? And how is it relevant to script writers?
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Censorship is the suppression of film content which may be considered harmful to audiences
Film/TV programs have guidelines which state what audiences the content is suitable for It is important that scriptwriters have an awareness of censorship during the writing process as they may limit their audience reach i.e. Box office profits at the other end of production if they are writing material which will be censored for adult audiences only Basically, the more people that are legally allowed to go and watch your movie at the cinema the better as it will result in you as a writer receiving more money and a more successful reputation within the industry Censorship & BBFC
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BBFC Certification Ratings (UK)
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What is it? And how is it relevant to script writers?
Watershed What is it? And how is it relevant to script writers?
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Watersheds are the point of time at which adult programs may be broadcast on TV (in the UK this time is 9pm onwards) Programs that contain things such as violence, nudity and sexual intercourse aren't allowed to be shown before watershed, and only programs that are suitable for family viewing are allowed to be broadcast before the watershed Again, writing a script for television that contains adult content may limit your viewing figures The Watershed
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